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CBA Constitutional and Human Rights Law Section

CBA Constitutional and Human Rights Law Section articles are published under the banner FocusMembers interested in posting articles are encouraged to send them to the Section at: cbaconstitutional@cba.org

Today
Today

Alberta Court of Appeal clarifies test for summary judgment

  • May 02, 2019
  • Courtney Kachur and Josh Fraese

On Feb. 6, 2019, the Alberta Court of Appeal released its decision in Weir-Jones Technical Services Incorporated v Purolator Canada Ltd., 2019 ABCA 49, wherein a panel of five justices clarified the test for summary judgment1 in that province.

Construction and Infrastructure Law

Quebec Public Procurement Authority: Powers and duties take effect

  • February 11, 2019
  • Clémentine Sallée, Alexis Beaudin-Fol and Alexia Magneron

On Jan. 25, 2019, certain provisions governing the Autorité des marchés publics came into effect, a welcome and anticipated change for many public bodies and private enterprises.

Constitutional & Human Rights

R v Comeau and judicial activism

  • December 02, 2016
  • Christian Whalen

The Constitution’s promise of free trade between provinces was at the heart of the defence mounted by a New Brunswick man caught with a cargo of alcohol purchased in Quebec that far exceeded the legal limits. Christian Whalen takes a look at the decision, which overturns a nearly 100-year-old Supreme Court ruling.

Is there a place for corporations within the human rights debate?

  • July 14, 2016
  • Patricia Steele

Human rights are about each of us living in dignity and the human rights project is about standing up to injustice and showing solidarity in the face of oppression. Due to economic globalization, operations of transnational corporations have an impact on local and international markets and affairs of state.

Business Law, Commodity Tax, Customs and Trade, Constitutional & Human Rights and 1 more..., International Law

My Student Journey - A Unique Experience at the Senate of Canada

  • June 30, 2016
  • Etienne Gabrysz-Forget

In September of 2014, instead of completing my third-year law courses at Université de Montréal as planned, I moved to Ottawa and joined the University of Ottawa Faculty of Law – Civil Law Section.

Constitutional & Human Rights

The court comes to the defence of solicitor-client privilege

  • June 21, 2016
  • Arthur Grant

On June 3, 2016, the Supreme Court of Canada yet again upheld the constitutional principle in support of professional secrecy between legal advisors and their clients. Arthur Grant, of Grant Kovacs Novell, looks at the decisions in Canada (Attorney General) v. Chambre des notaires du Québec and in Canada (National Revenue) v. Thompson.

Constitutional & Human Rights

Constitutional and Human Rights Law Case updates

  • September 14, 2015
  • Veronica L. Jackson

The latest in the Constitutional and Human Rights Law Section’s regular series of case updates looks at 10 cases, contributed by members from across the country, with a constitutional or human rights angle.

Constitutional & Human Rights

Case study: P.S. v. Ontario, 2014 ONCA 900

  • April 02, 2015
  • Cheryl Milne

In a decision that specifically speaks to the interplay between sections 7 and 15 of the Charter, the Ontario Court of Appeal found violations of those sections not justified under s.1 in respect of the mental health treatment and…

Constitutional & Human Rights